Third Formal Meeting of
Intergovernmental Process on Strengthening Respect for International
Humanitarian Law (IHL)

Intervention by ESTONIA

Session: Ways to enhance the implementation of IHL using the potential of the
International Conference and IHL regional forums

Genf, 4 detsember 2017

Estonia commends the ICRC’s
and Switzerland’s efforts in the Intergovernmental Process on Strengthening
Respect for IHL, including the delivery of the Report on Existing Mechanisms as
well as the Draft Background Document.

Estonia remains committed to strengthening compliance with and respect for International
Humanitarian Law. However, we consider that the Report prepared by the
co-facilitators demonstrates that the existing mechanisms do not provide for
the most effective way forward as stipulated in Resolution 2 of the 32nd
International Conference. It would therefore be preferable to also reach an
agreement on the features and functions of a potential forum of States, as stated
in Resolution 2. Estonia therefore reconfirms its strong support for the
establishment of a forum of States that would serve as a separate platform
tasked specifically with
strengthening compliance with and respect for IHL.

However, as already noted by some delegations,
Resolution 2 has a twofold aim in that it also urges exploring “ways to enhance
the implementation of IHL using the potential of the International Conference
and IHL regional forums”. Estonia is therefore ready to explore the potential
of existing mechanisms and ways of enhancing the implementation of IHL through such
mechanisms.

The International Conference,
for instance, represents a unique and very valuable mechanism to enhance and
inspire humanitarian debates among governments, as well as the Movement. It is
worth discussing whether the conference at present is utilised to its full
potential and where existing gaps can be filled in respect to IHL issues. We
do, however, consider that the International Conference in its current form has proven its value and Estonia cautions
against changing the very nature
thereof.

Furthermore, we would be ready
to consider potential intersessional meetings of the Conference. We also welcome ideas presented by some States, who have
drawn attention to the Challenges Reports, meriting more thorough and frequent
discussion.

Estonia stresses that it is the
States’ duty to respect and ensure respect for IHL in all circumstances. We are
therefore open to discussing States’ further concrete proposals on how this
could be better achieved through the existing international mechanisms and how
respect for IHL can be strengthened in practice.